NSW HSC Legal Studies cheat sheet

Actus reus (the guilty act or omission) and mens reus (the guilty mind) must generally coincide for a crime to be established; strict liability offences require only actus reus.

The burden of proving guilt rests on the prosecution, which must satisfy the criminal standard of proof: beyond reasonable doubt.

Summary offences are heard by a magistrate without a jury; indictable offences are tried on indictment before a judge and jury, though some may be dealt with summarily.

Police powers under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) include arrest, search, and detention; a suspect may generally be detained for investigation for a limited period before charge.

The right to silence, the caution, and access to legal advice protect suspects; evidence obtained improperly may be excluded under the Evidence Act 1995 (NSW).

Bail is governed by the Bail Act 2013 (NSW), which uses a two-stage test: whether an unacceptable risk exists, then whether conditions can mitigate that risk.

Sentencing factors under the Crimes (Sentencing Procedure) Act 1999 (NSW) include aggravating and mitigating circumstances, maximum penalties, and the purposes of punishment, deterrence, rehabilitation, and protection of society.

The defence of provocation was abolished in NSW for murder by the Crimes Amendment (Abolition of Defence of Provocation) Act 2014; self-defence and mental illness remain partial or complete defences.

Young offenders are dealt with under the Young Offenders Act 1997 (NSW) and the Children (Criminal Proceedings) Act 1987 (NSW), with doli incapax applying to children aged 10 to 14.

Human rights are universal, inalienable, indivisible, and interdependent; these characteristics distinguish them from other legal entitlements.

The Universal Declaration of Human Rights 1948 is non-binding but has influenced customary international law and many national constitutions.

The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights 1966 give binding effect to many UDHR rights.

Australia has no national bill of rights; protection relies on statute, common law, and the Constitution, with express and implied rights such as the implied freedom of political communication.

The Human Rights (Parliamentary Scrutiny) Act 2011 (Cth) requires statements of compatibility with seven core treaties for new legislation.

The Racial Discrimination Act 1975 (Cth), Sex Discrimination Act 1984 (Cth), Disability Discrimination Act 1992 (Cth), and Age Discrimination Act 2004 (Cth) are the principal Commonwealth anti-discrimination statutes.

The Australian Human Rights Commission investigates complaints and promotes compliance, but cannot make binding determinations.

International enforcement mechanisms include treaty body reporting, individual communications under optional protocols, and the Universal Periodic Review.

Sovereignty limits enforcement of international human rights law; states may enter reservations and enforcement depends largely on domestic implementation.

The Australian Consumer Law, Schedule 2 to the Competition and Consumer Act 2010 (Cth), provides a national consumer protection regime.

Consumer guarantees include acceptable quality, fitness for purpose, matching description, and clear title; these cannot be excluded by contract.

Unfair contract terms are void where they cause significant imbalance, are not reasonably necessary, and would cause detriment.

Misleading or deceptive conduct is prohibited under s 18 ACL; false representations about goods or services are prohibited under s 29 ACL.

Remedies include refunds, replacement, repair, compensation, and damages; the ACCC and state fair trading bodies enforce the ACL.

The ACL applies to goods and services acquired for personal, domestic, or household use; business-to-business transactions may fall outside consumer guarantees.

Product safety is regulated through mandatory standards, bans, and recall powers under the ACL.

Contracts with minors are generally voidable, and unconscionable conduct under ss 20-21 ACL may render transactions void.

The National Credit Code regulates consumer credit; ombudsman schemes provide alternative dispute resolution for consumer complaints.

International environmental law relies on treaties, customary international law, soft law declarations, and principles such as sustainable development and precaution.

The Stockholm Declaration 1972, Rio Declaration 1992, and Agenda 21 established foundational principles including polluter pays and intergenerational equity.

The UN Framework Convention on Climate Change 1992 and the Paris Agreement 2015 create reporting and mitigation obligations, with nationally determined contributions.

The Kyoto Protocol 1997 set binding emissions targets for developed states; the Paris Agreement uses a bottom-up pledge approach.

The Convention on Biological Diversity 1992 and CITES regulate biodiversity and trade in endangered species.

Australia implements obligations through the Environment Protection and Biodiversity Conservation Act 1999 (Cth) and state environmental planning laws.

Enforcement is weak because international law lacks a central enforcement body; compliance relies on state consent, reporting, and reputational pressure.

The principle of common but differentiated responsibilities allocates greater obligations to developed states.

Transboundary harm and global commons issues require cooperation because no single state has jurisdiction over the atmosphere or high seas.

The Family Law Act 1975 (Cth) governs marriage, divorce, parenting, and property; the Marriage Act 1961 (Cth) governs validity of marriage.

Since the 1975 Act, Australia has no-fault divorce; the sole ground is irretrievable breakdown evidenced by 12 months' separation.

The best interests of the child is the paramount consideration in parenting matters; the primary considerations are safety and meaningful relationship.

Equal shared parental responsibility is presumed unless there is abuse or family violence; it does not mean equal time.

The Federal Circuit and Family Court of Australia hears family law matters; the Family Court of Western Australia retains state jurisdiction.

De facto relationships are recognised under the Family Law Act for property and parenting matters after threshold requirements are met.

Property settlements apply a four-step process: identify assets, assess contributions, assess future needs, and consider justice and equity.

The Family Law Amendment Act 2023 (Cth) replaced the presumption of equal shared parental responsibility with a focus on the best interests of the child.

Domestic violence is addressed through apprehended violence orders under state law and family violence provisions in the Family Law Act.

Native title is recognised in Mabo v Queensland (No 2) (1992), which rejected terra nullius and recognised pre-existing Indigenous rights.

The Native Title Act 1993 (Cth) provides the statutory framework for claiming and determining native title, including the right to negotiate.

Native title may be extinguished by valid acts of the Crown, such as freehold grants, but not by pastoral leases in all cases (Wik Peoples v Queensland 1996).

The Racial Discrimination Act 1975 (Cth) and the Native Title Act protect Indigenous rights; the 1998 amendments introduced confirmation and validation provisions.

The 2023 referendum on a Voice to Parliament was defeated; there is no constitutional Indigenous advisory body.

Closing the Gap targets address disparities in health, education, employment, and justice, with the National Agreement on Closing the Gap 2020.

Indigenous over-representation in the criminal justice system is addressed through diversion, bail reform, and the recommendations of the Royal Commission into Aboriginal Deaths in Custody.

The Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) allows claims to unalienated Crown land based on traditional ownership.

The Constitution's race power (s 51(xxvi)) and the 1967 referendum enabled Commonwealth laws for Indigenous Australians.

Shelter is recognised as a human right in Article 11 of the ICESCR, though Australia lacks a national right to housing in statute.

The Residential Tenancies Act 2010 (NSW) governs tenancy agreements, bond lodgement, rent increases, and eviction procedures.

The National Rental Affordability Scheme and social housing programs address housing affordability; the National Housing and Homelessness Agreement funds state programs.

Homelessness is defined by the ABS as lacking safe, secure, or adequate housing, including couch surfing and overcrowding.

The Housing Act 1983 (NSW) establishes the framework for social housing and the role of Homes NSW.

Strata title is governed by the Strata Schemes Management Act 2015 (NSW); owners corporations manage common property.

The Residential (Land Lease) Communities Act 2013 (NSW) regulates residential parks and protects residents' rights.

Discrimination in housing is prohibited under the Anti-Discrimination Act 1977 (NSW) and Commonwealth anti-discrimination laws.

The NSW Civil and Administrative Tribunal (NCAT) resolves tenancy disputes and can order repairs, compensation, or termination.

The Fair Work Act 2009 (Cth) establishes the national workplace relations system, the Fair Work Commission, and the Fair Work Ombudsman.

The National Employment Standards set ten minimum entitlements, including maximum weekly hours, leave, and notice of termination.

Modern awards and enterprise agreements operate within the Fair Work system; the BOOT ensures enterprise agreements leave employees better off overall.

Unfair dismissal requires a qualifying period, minimum employment period, and a remedy test under s 385 Fair Work Act.

Work health and safety is governed by the Work Health and Safety Act 2011 (NSW), which imposes a primary duty of care on persons conducting a business or undertaking.

Workers' compensation in NSW is governed by the Workers Compensation Act 1987 (NSW) and the Workplace Injury Management and Workers Compensation Act 1998 (NSW).

Adverse action, discrimination, and bullying are prohibited; the Fair Work Commission can issue stop-bullying orders.

The Commonwealth has relied on the corporations power (s 51(xx)) and the conciliation and arbitration power (s 51(xxxv)) to legislate on industrial relations.

Trade unions are registered under the Fair Work (Registered Organisations) Act 2009 (Cth), and the right to strike is protected through protected industrial action provisions.

The United Nations Charter 1945 establishes the Security Council, General Assembly, and International Court of Justice; the Security Council has primary responsibility for peace and security.

The Security Council has five permanent members with veto power, which limits its ability to act in some conflicts.

The International Court of Justice hears disputes between states and issues advisory opinions; it does not try individuals.

The International Criminal Court, established by the Rome Statute 1998, prosecutes individuals for genocide, crimes against humanity, war crimes, and aggression.

The Geneva Conventions 1949 and Additional Protocols govern the laws of armed conflict and protect civilians and prisoners of war.

The responsibility to protect (R2P) allows intervention when a state fails to protect its population from mass atrocities, subject to Security Council authorisation.

Sanctions, peacekeeping operations, and diplomatic measures are the main enforcement tools; military enforcement requires Security Council authorisation.

Australia's obligations include the International Criminal Court Act 2002 (Cth) and the Charter of the United Nations Act 1945 (Cth).

Sovereignty and the veto limit enforcement; regional organisations such as NATO and the African Union also play peace and security roles.

The ACL applies nationally through the Competition and Consumer Act 2010 (Cth) and state fair trading legislation, with the ACCC as principal regulator.

Section 18 ACL prohibits misleading or deceptive conduct in trade or commerce; intention is not required.

Section 29 ACL prohibits false or misleading representations about goods, services, price, and origin.

Unfair contract terms in standard form consumer contracts are void; terms must be transparent and not cause significant imbalance.

Consumer guarantees under ss 54-59 ACL include acceptable quality, fitness for purpose, and matching description; remedies include repair, replacement, refund, and compensation.

The Australian Consumer Law came into force on 1 January 2011, replacing the Trade Practices Act 1974 consumer provisions.

Manufacturers are liable for defective goods causing injury under Part 3-5 ACL; mandatory safety standards and recalls are enforced.

The Telecommunications Industry Ombudsman, Energy and Water Ombudsman, and other industry ombudsmen provide free dispute resolution.

The National Credit Code under the National Consumer Credit Protection Act 2009 (Cth) regulates consumer credit and requires responsible lending.

Soft law instruments such as the Rio Declaration are non-binding but influence treaty development and state practice.

The precautionary principle allows action despite scientific uncertainty where serious harm is threatened.

The polluter pays principle requires those causing pollution to bear the costs of prevention and remediation.

The Montreal Protocol 1987 successfully phased out ozone-depleting substances and is often cited as a model of effective environmental treaty-making.

The Paris Agreement 2015 aims to limit warming to well below 2 degrees Celsius and pursues efforts to limit it to 1.5 degrees.

The Basel Convention 1989 regulates transboundary movement of hazardous wastes; the Rotterdam and Stockholm Conventions address chemicals and persistent organic pollutants.

Australia's EPBC Act 1999 requires environmental impact assessment for matters of national environmental significance.

The Environment Protection Authority (NSW) enforces state pollution law under the Protection of the Environment Operations Act 1997 (NSW).

Climate litigation, such as cases requiring consideration of climate change in approvals, has expanded domestic enforcement avenues.

Marriage requires consent, legal age (18 unless court approval), and not being already married; same-sex marriage was legalised by the Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth).

Divorce requires irretrievable breakdown evidenced by 12 months' separation, with a two-year separation requirement for married couples who married less than two years ago unless counselling is undertaken.

Parenting orders are made under Part VII Family Law Act 1975 (Cth); the court must consider the best interests of the child as paramount.

The Family Law Amendment Act 2023 (Cth) introduced a best-interests framework with six factors and removed the presumption of equal shared parental responsibility.

Child support is administered under the Child Support (Assessment) Act 1989 (Cth) using a formula based on income, care percentage, and costs of children.

Property division follows the four-step process and is not automatically 50/50; contributions and future needs are weighed.

The Family Court of Australia and Federal Circuit Court merged into the Federal Circuit and Family Court of Australia in 2021.

Parenting plans are informal written agreements; consent orders are binding and enforceable by the court.

The Hague Convention on the Civil Aspects of International Child Abduction 1980 governs return of wrongfully removed children; Australia implements it through the Family Law (Child Abduction Convention) Regulations 1986 (Cth).

The 1967 referendum amended s 51(xxvi) and s 127 to allow Commonwealth laws for Aboriginal people and to count them in the census.

The Mabo decision (1992) recognised native title and rejected terra nullius; the Native Title Act 1993 (Cth) followed.

The Wik decision (1996) held that pastoral leases do not necessarily extinguish native title, leading to the Native Title Amendment Act 1998 (Cth).

The Native Title Act provides for determinations by the Federal Court, consent determinations, and Indigenous Land Use Agreements.

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) protects significant areas and objects.

The Royal Commission into Aboriginal Deaths in Custody (1991) made 339 recommendations; over-representation remains a persistent issue.

The National Agreement on Closing the Gap 2020 sets 17 socio-economic targets with shared decision-making between governments and Indigenous organisations.

The 2023 Voice referendum proposed a constitutional advisory body; it was defeated nationally.

Customary law is recognised in some sentencing and bail contexts but is not a separate system of law in Australia.

The right to adequate housing under Article 11 ICESCR includes security of tenure, affordability, habitability, and accessibility.

Social and affordable housing is delivered through the National Housing and Homelessness Agreement, Homes NSW, and community housing providers.

The Residential Tenancies Act 2010 (NSW) requires landlords to provide premises fit for habitation and to lodge bonds with the Rental Bond Board.

Rent increases in periodic tenancies require notice; excessive rent may be challenged before NCAT.

Eviction requires a valid termination notice and, for social housing, additional protections; retaliatory eviction is prohibited.

The Homelessness Reduction Strategy and specialist homelessness services are funded through the National Housing and Homelessness Agreement.

Aged care and disability housing are regulated separately, with the NDIS providing funding for home modifications and supported independent living.

The Strata Schemes Management Act 2015 (NSW) and Strata Schemes Development Act 2015 (NSW) regulate strata living and collective sale.

The Australian Human Rights Commission has recommended a national human rights framework including a right to housing.

The Fair Work Act 2009 (Cth) covers national system employers, with state systems retained for some state public sector employers.

The Fair Work Commission can approve enterprise agreements, vary awards, and hear unfair dismissal and general protections claims.

The Fair Work Ombudsman investigates breaches and can issue compliance notices and commence proceedings.

The National Employment Standards include 4 weeks annual leave, 10 days personal leave, 12 months unpaid parental leave, and notice of termination.

Casual employees receive casual loading and, under recent reforms, may convert to permanent employment after 12 months in some circumstances.

The Work Health and Safety Act 2011 (NSW) requires duty holders to eliminate risks so far as reasonably practicable and provides for worker consultation.

Workers' compensation provides weekly payments, medical expenses, and lump sums for permanent impairment under the Workers Compensation Act 1987 (NSW).

The Fair Work Act prohibits adverse action for exercising workplace rights, and general protections claims can be made to the Fair Work Commission.

The Commonwealth's corporations power supports national workplace laws, as confirmed in New South Wales v Commonwealth (Work Choices Case) (2006).

Article 2(4) of the UN Charter prohibits the threat or use of force against the territorial integrity or political independence of any state.

Exceptions to the prohibition include self-defence under Article 51 and Security Council authorisation under Chapter VII.

Chapter VII allows the Security Council to impose sanctions and authorise military action to maintain or restore international peace and security.

Peacekeeping operations require consent of the host state, impartiality, and minimum use of force, distinguishing them from enforcement action.

The International Criminal Court has jurisdiction over genocide, crimes against humanity, war crimes, and aggression where national courts are unwilling or unable to act.

The Rome Statute has 123 states parties; major powers including the United States, China, and India are not parties.

The Geneva Conventions and Additional Protocols protect non-combatants and set limits on methods of warfare.

The International Court of Justice's decisions are binding between parties, but enforcement can be blocked by a Security Council veto.

Australia's Charter of the United Nations Act 1945 (Cth) implements Security Council sanctions, and the International Criminal Court Act 2002 (Cth) implements the Rome Statute.